SF 2979

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to waste management; providing for product 
  1.3             stewardship of waste electronic products; proposing 
  1.4             coding for new law in Minnesota Statutes, chapter 115A.
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [115A.9562] [PRODUCT STEWARDSHIP OF WASTE 
  1.7   ELECTRONIC PRODUCTS.] 
  1.8      Subdivision 1.  [DEFINITION.] For the purposes of this 
  1.9   section, "electronic products" includes televisions, computer 
  1.10  monitors, laptop computers, central processing units (CPUs), and 
  1.11  printers. 
  1.12     Subd. 2.  [ELECTRONIC PRODUCTS; PROHIBITIONS.] A person may 
  1.13  not place televisions, computer monitors, laptop computers, 
  1.14  central processing units, and printers in mixed municipal solid 
  1.15  waste effective July 1, 2004. 
  1.16     Subd. 3.  [STATE PURCHASING.] The commissioner of 
  1.17  administration shall specify that bid specifications require 
  1.18  that only those vendors or manufacturers of the following 
  1.19  electronic products may be listed: 
  1.20     (1) products by manufacturers that participate in a 
  1.21  national recovery and recycling program for electronic products 
  1.22  agreed to by manufacturers, retailers, nongovernmental 
  1.23  organizations, and government for discarded electronics; 
  1.24     (2) products by vendors or manufacturers who provide 
  1.25  take-back and management service for their products at 
  2.1   end-of-life to public agencies and entities that purchase those 
  2.2   products from the state contract; and 
  2.3      (3) products that minimize the use of toxic and hazardous 
  2.4   constituents, utilize recycled content, and can be easily 
  2.5   recycled. 
  2.6      Subd. 4.  [ANTICOMPETITIVE CONDUCT.] A manufacturer or 
  2.7   organization of manufacturers and its officers, members, 
  2.8   employees, and agents who participate in programs to collect and 
  2.9   properly manage waste electronic products are immune from 
  2.10  liability under state law relating to antitrust, restraint of 
  2.11  trade, unfair trade practices, and other regulation of trade or 
  2.12  commerce for activities related to the collection and management 
  2.13  of products required under this section. 
  2.14     Subd. 5.  [REQUIREMENTS IN THE ABSENCE OF A NATIONAL 
  2.15  PROGRAM.] (a) If the director does not find that a national 
  2.16  agreement between the electronics industry, retailers, 
  2.17  nongovernmental organizations, and government to establish a 
  2.18  national recovery and recycling system for used electronic 
  2.19  products is implemented in Minnesota beginning July 1, 2003, 
  2.20  then the stewardship requirements in paragraphs (b) to (e) for 
  2.21  discarded electronic products apply. 
  2.22     (b) A manufacturer of televisions, computer monitors and 
  2.23  central processing units, laptop computers, and computer 
  2.24  peripherals is responsible for the costs of collecting and 
  2.25  managing of its products to ensure that the products listed are 
  2.26  not part of the solid waste stream. 
  2.27     (c) By January 1, 2004, the manufacturers or their 
  2.28  representative organization shall implement permanent programs 
  2.29  that may reasonably be expected to collect 90 percent of the 
  2.30  waste televisions, computers, and computer peripherals that are 
  2.31  generated in the state.  The products collected must be reused 
  2.32  or recycled. 
  2.33     (d) By February 1 of each year after 2004, each 
  2.34  manufacturer or a representative organization shall provide 
  2.35  information to the office of environmental assistance that 
  2.36  specifies the amount of products subject to this section that 
  3.1   are sold in the state, and the amount collected during the 
  3.2   previous year.  Each manufacturer or a representative 
  3.3   organization shall also provide information that specifies the 
  3.4   amount of the collected products that are reused or recycled and 
  3.5   the end-markets for each constituent material of the collected 
  3.6   products. 
  3.7      (e) A manufacturer or representative organization of 
  3.8   manufacturers may contract with the state or a political 
  3.9   subdivision to provide collection services under this 
  3.10  subdivision.  The manufacturer or organization shall fully 
  3.11  reimburse the state or political subdivision for the value of 
  3.12  any contractual services rendered under this subdivision.